Legal Question in Family Law in Massachusetts
How can I file for child support?
I am the mother and am trying to figure out how to file for child support from the father. Up until recently the father had verbal ''full custody'', but just relinquished it to me. I now need help in knowing what the next step to take is.
3 Answers from Attorneys
Re: How can I file for child support?;
If married file a complaint for divorce.
If unmarried and:
A) PATERNITY NOT ESTABLISHED, file Paternity action
B) Paternity acknowledged, file Separate Support Complaint.
You may wish to retain an attorney to assist you. Good Luck!
Re: How can I file for child support?
You need to file a Complaint for Support either pursuant to Massachusetts General Laws Chapter 209, Section 32F if married but living apart, or pursuant to Massachusetts General Laws Chapter 209C if unmarried. Also, you have to complete a Financial Statement Form either a Short Form or Long Form depending on your income, and Affidavit Disclosing Care and Custody Proceedings form. All these forms along with any other supporting documents such as Acknowledgement of Paternity if filing under 209C need to be filed with the Register of Probate and Family Court in your County. If all papers are in order, you will be issued a Summons. This Summons along with copies of documents that you filed with the Register need to be served on the father using a Constable. After service, the Constable will provide you with Return of Service so that you can file it with the Register. Your case will then be scheduled for a hearing.
You may also want to file a motion for expedited hearing on your Complaint for Support.
Re: How can I file for child support?
There is a form called complaint for separare support that you can file with the clerk. They will issue a domestic relations summons that must be served on the dather. You further have to file a motion for the court to determine child support, which can or should be scheduled at your request some time after service is made. You can ask him to supply you with financial information, and he can ask the same of you. I assume that the father's name is on the birth certificate or that he has acknowledged paternity. There are books in your local library or in your local law library with forms and that describe the process. You can also retain an attorney to act in your behalf. Should you have any other questions, you may contact me.